IN THE CASE OF: BOARD DATE: 8 September 2014 CASE NUMBER: AR20140011583 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable and a change to the narrative reason for separation. 2. The applicant states, in effect, his discharge was inequitable because it was based on an isolated incident during 30 months of service with no other adverse action. He served honorably and received numerous honors and commendations. He maintained a stellar record with no misconduct or negative incidents as a civilian. He desires the opportunity to serve his country again honorably. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 June 2013 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14 Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, 2-10th Aviation Regiment Task Force Knighthawk, 10th Combat Aviation Brigade, Fort Drum, NY f. Current Enlistment Date/Term: 20 August 2008, 4 years g. Current Enlistment Service: 2 years, 5 months, 15 days h. Total Service: 2 years, 5 months, 15 days i. Lost time: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 15P10, Aviation Operations Specialist m. GT Score: 101 n. Education: 14 years o. Overseas Service: Korea/Southwest Asia p. Combat Service: Afghanistan (101020-1110119) q. Decorations/Awards: NDSM, ACM-W/CS, GWOTSM, KDSM, ASR, OSR-2 r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: Yes SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 20 August 2008, for a period of 4 years. He was 19 years old at the time of entry and had completed two years of college. He was trained in and awarded military occupational specialty (MOS) 15P10, Aviation Operations Specialist. His record also shows that he served a combat tour, he did not earn any awards for acts of valor or meritorious achievements; he achieved the rank of PFC/E-3. He was serving at Fort Drum, NY when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates 10 September 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongfully using marijuana (100504-100603). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. The applicant waived his right to consult with legal counsel (although his elections of rights indicated he consulted with legal counsel), was advised of the impact of the discharge action, and did not indicate if a statement was or not submitted on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 14 September 2010, the intermediate commander reviewed the proposed discharge action and recommended the applicant be retained on active duty and if separated he be separated with a characterization of service of general, under honorable conditions. 4. On 29 September 2010, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions, that the said discharge be suspended for 12 months (a period not to exceed 12 months) IAW AR 635-200, paragraph 1-18a(1). 5. On 8 December 2010, the intermediate commander recommended that the suspension of administrative separation, dated 29 September 2010, be vacated and recommended that the applicant receive a characterization of service of general, under honorable conditions. 6. On 12 December 2010, the separation authority after having reviewed additional evidence of misconduct and the recommendations of the applicant's chain of command, notified the applicant of his intent to vacate the suspension, dated 29 September 2010, based on the additional misconduct, and to separate him from the Army with a general, under honorable conditions discharge. 7. On 20 December 2010, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his own behalf. 8. On 27 December 2010, the separation authority waived further rehabilitation and directed the applicant's discharge with a characterization of service of general, under honorable conditions. 9. The applicant was discharged from the Army on 4 February 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 10. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Article 15, dated 24 November 2010, for wrongfully appropriating an iPhone (101029), the punishment consisted of a forfeiture of $337 pay x 1 month (suspended), extra duty for 14 days and an oral reprimand, (CG). 2. An Article 15, dated 10 August 2010, for wrongfully using marijuana (100504-100603); the punishment consisted of a reduction to E-1, forfeiture of $724 pay x 2 months, extra duty for 45 days, restriction for 45 days and an oral reprimand, (FG). 3. The applicant received a negative counseling statement, dated 2 November 2010, for testing positive for marijuana and attempting to steal an iPhone. 4. A Military Police Report, dated 19 0ctober 2010 indicated the applicant was under investigation for larceny of private property. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, applicant’s resume (two pages), and four support statements. POST-SERVICE ACTIVITY: The applicant did not provide any information with his application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct-drug abuse). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 2. The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant’s record of service was marred by an Article 15, two negative counseling statements, and a positive urinalysis report. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant requested a change to his narrative reason for separation. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), for the misconduct (drug abuse). The regulation further stipulates that no deviation is authorized. 5. The applicant contends his discharge was inequitable because it was based on an isolated incident during 30 months of service with no other adverse action. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 6. The applicant further contends he served honorably and received numerous honors and commendations. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge under review. 7. The applicant also contends he maintained a stellar record with no misconduct or negative incidents as a civilian. The applicant is to be commended for his efforts; however, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 8. The applicant desires the opportunity to serve his country again honorably. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 9. The third party statements provided with the application speak highly of the applicant’s performance and his character. They recognize his good conduct after leaving the Army; however, some persons providing the character reference statements were in a position to fully understand and appreciate the expectations of the applicant’s chain of command. As such, these statements did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 10. The records show the proper discharge and separation authority procedures were followed in this case. 11. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 8 September 2014 Location: Washington, DC Did the Applicant Testify: Yes Counsel: None Witnesses/Observers: None Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140011583 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1